HAR §12-42-138
HAR §12-42-138. Answer
Cite as Haw. Code R. § 12-42-138
(a) The exclusive representative shall file a written
answer with the board within ten days after service of a copy of the petition. One
copy of the answer shall be served on each party, and the original and five copies,
with certificate of service on all parties, shall be filed with the board.
(b)
The answer shall contain the following:
(1)
A specific admission, denial, or explanation of each allegation of
the complaint, or, if the respondent is without knowledge thereof,
the respondent shall so state and the statement shall constitute a
denial. Admissions or denials may be made to all or part of the
allegation, but shall fairly meet the substance of the allegation;
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(2)
A specific detailed statement of any affirmative defense; and
(3)
A clear and concise statement of the facts and matters of law relied
upon constituting the grounds for defense.
(c)
In extraordinary circumstances as determined by the board, the
board may extend the time within which the answer shall be filed upon motion
filed by the respondent with an accompanying affidavit setting forth the grounds
upon which the motion is based and indicating the position of the other parties
with regard to the extension. Any motion for extension shall be filed prior to the
expiration of the required period for filing an answer.
(d)
If the exclusive representative fails to timely file an answer, that
failure may constitute an admission of the material facts alleged in the petition
and a waiver of a hearing thereon. [Eff. April 12, 1982] (Auth: HRS §89-5)
(Imp: HRS §89-4)